Proposed Rules Title 13

TITLE 13. CULTURAL RESOURCES

PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

The Texas State Library and Archives Commission (commission) proposes the repeal of 13 TAC §9.1, Definitions.

The proposed repeal is necessary because during its review of Chapter 9, Talking Book Program, under Government Code, §2001.039, the commission identified several needed amendments to update and clarify the definitions. The commission is proposing those amendments, which include putting the definitions in alphabetical order, in a separate notice also in this issue of the Texas Register.

FISCAL NOTE. Ann Minner, Director, Talking Book Program, has determined that for each of the first five years the proposed repeal is in effect, there will not be a fiscal impact on state or local government.

PUBLIC BENEFIT/COST NOTE. Ms. Minner has also determined that for the first five-year period the repeal is in effect, the public benefit will be consistency and clarity in the rules governing participation in the Talking Book Program. There are no anticipated economic costs to persons required to comply with the proposal.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT STATEMENT. There will be no adverse economic effect on small businesses, micro-businesses, or rural communities; therefore, a regulatory flexibility analysis under Government Code, §2006.002 is not required.

GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Government Code, §2001.0221, the commission provides the following Government Growth Impact Statement for the proposed repeal.

During the first five years that the proposed repeal would be in effect, the proposed repeal: will not create or eliminate a government program; will not result in the addition or reduction of employees; will not require an increase or decrease in future legislative appropriations; will not lead to an increase or decrease in fees paid to a state agency; will repeal an existing regulation that will be replaced by an improved regulation; and will not result in an increase or decrease in the number of individuals subject to the rule. During the first five years that the proposed repeal will be in effect, the proposed repeal will not positively or adversely affect the Texas economy.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed repeal may be directed to Ann Minner, Director, Talking Book Program, via email rules@tsl.texas.gov, or mail, P.O. Box 12927, Austin, Texas 78711-2927. Comments will be accepted for 30 days after publication in the Texas Register.

STATUTORY AUTHORITY. The repeal is proposed under §441.006, which directs the commission to govern the state library; and Government Code, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.

§9.1.Definitions.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 17, 2023.

TRD-202301390

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: June 4, 2023

For further information, please call: (512) 463-5474

13 TAC §§9.1 - 9.9, 9.11 - 9.18

The Texas State Library and Archives Commission (commission) proposes new §9.1, Definitions; and amendments to §9.2, Administration; §9.3, Eligibility; §9.4, Application for Service; §9.5, Priority Service to Veterans; §9.6, Status of Users; §9.7, Playback Equipment; §9.8, Books and Magazines; §9.9, Availability of Materials; §9.11, Misuse of Service; §9.12, Notification of Potential Suspension; §9.13, Correction of Problem; §9.14, Suspension of Service; §9.15, Reinstatement of Service; §9.16, Termination of Service; §9.17, Transfer of Service; and §9.18, Reactivation of Accounts.

BACKGROUND. In November 2022, the commission approved posting a notice of intent to review the rules located at 13 TAC Chapter 9, Talking Book Program (program) under Government Code, §2001.039. This section requires state agencies to review its rules every four years and readopt, readopt with amendments, or repeal the current rules. The review must include, at a minimum, an assessment of whether the reasons for initially adopting the rules continue to exist.

Throughout the rule review, staff identified numerous amendments necessary to update, modernize, and clarify the rules, improve grammar and readability, and align the rules with best practices. While the reasons for initially adopting the rules continue to exist, the proposed amendments will modernize and improve the rules, making it easier for patrons and the public at large to understand the rules governing the program.

SECTION BY SECTION ANALYSIS. Multiple amendments are necessary to update and clarify the definitions in §9.1. Proposed amendments update the overall structure of definitions by consistently using the term "means" when defining a term and make non-substantive grammatical edits throughout. In addition, alphabetizing the definitions will make them easier to read and align with rule drafting best practices. Therefore, the commission finds it necessary to propose the repeal of §9.1, Definitions, which may also be found in this issue of the Texas Register, and propose new §9.1, Definitions, with more specific amendments to each defined term as explained below.

Several proposed new definitions are essentially the same as previously defined, with the only changes being minor and non-substantive. These include proposed new §9.1(3), "applicant agreement," §9.1(4), "audit," §9.1(8), "digital download service," §9.1(11), "equipment," and §9.1(12), "loan period." The proposed new definitions do not include previously defined terms "digital materials and services," as that term is not used within the chapter, or "account in good standing," as those requirements are proposed for addition to §9.3, Eligibility.

Proposed new §9.1(1) defines "active" as a borrower who has requested at least one book or magazine in the preceding 12-month period or signed on to the Braille and Audio Reading Download service at least once every six months.

Proposed new §9.1(2) defines "agency" as the Texas State Library and Archives Commission as an agency of the state of Texas, including the staff, collections, archives, operations, programs, and property of the Texas State Library and Archives Commission. This definition is used in other chapters of the commission's rules and maintains consistency in rule language. The previously defined term "commission" is proposed for deletion as it is not necessary.

Proposed new §9.1(5) defines "books" as previously defined but proposes to change the word "computer" to "digital."

Proposed new §9.1(6) simplifies the definition of "borrower" by removing references to a person's activities in the program, adding "institution" to the definition, and updating the reference to the National Library Service for the Blind and Print Disabled.

Proposed new §9.1(7), "certifying authority," updates the previously defined term of competent authority to reflect updates to the persons who may certify an individual for participation in the program following changes to the National Talking Book Program by the National Library Service for the Blind and Print Disabled. While this change was made in 2021, the commission has not yet updated its rule to reflect the change, despite accepting applications with the certifying authorities recognized by the National Library Service for the Blind and Print Disabled.

Proposed new §9.1(9) and §9.1(10) provide updated definitions for "digital talking book" and "digital talking book machine," previously contained within the definition of "digital materials and services," with updated language to reflect current books and devices used by the program.

Proposed new §9.1(13) maintains the same definition for "magazines" but deletes the reference to "cassette" as the program no longer uses cassette tapes.

Proposed new §9.1(14) defines "National Library Service" by updating the reference to the National Library Service for the Blind and Print Disabled.

Proposed new §9.1(15) defines "program" as the Talking Book Program.

Proposed new §9.1(16) updates the definition of "veteran" by moving language from the previously defined term at §9.1(15), U.S. Armed Forces, and including that information in the definition, thereby eliminating the need to refer to another definition to define a term.

Proposed amendments to §9.2, Administration, update and improve the language and a citation to the United States Code provision regarding mailing free matter for blind and other handicapped persons.

Proposed amendments to §9.3, Eligibility, update language based on the updated definitions, delete text that is no longer necessary, and explain how an account may be maintained in good standing. This information was previously located within a defined term.

Proposed amendments to §9.4, Application for Service, make general language and readability improvements, update language based on the updated definitions, and delete text that is no longer necessary.

Proposed amendments to §9.5, Priority Service to Veterans, update the section title to "Priority for Veterans" and delete language that is no longer necessary.

Proposed amendments to §9.6, Status of Users, update the section title to "Status of Borrowers" and delete unnecessary language.

Proposed amendments to §9.7, Playback Equipment, update language based on the updated definitions and clarify what constitutes misuse of equipment in subparagraph (a)(10).

Proposed amendments to §9.8, Books and Magazines, update language based on the updated definitions and delete duplicative language found in other sections within the chapter.

Proposed amendments to §9.9, Availability of Materials, update language based on the updated definitions.

Proposed amendments to §9.11, Misuse of Service, update language based on the updated definitions.

Proposed amendments to §9.12, Notification of Potential Suspension, update language based on the updated definitions, improve readability, and add a citation to another section within the chapter.

Proposed amendments to §9.13, Correction of Problem, make minor wording changes and update language based on the updated definitions.

Proposed amendments to §9.14, Suspension of Service, update language based on the updated definitions and improve grammar and readability.

Proposed amendments to §9.15, Reinstatement of Service, update language based on the updated definitions and improve readability.

Proposed amendments to §9.16, Termination of Service, update and clarify language and clarify that a borrower who wishes to reinstate service after five years must file a new application.

Proposed amendments to §9.17, Transfer of Service, update language based on the updated definitions.

Proposed amendments to §9.18, Reactivation of Accounts, update language based on the updated definitions and improve readability.

FISCAL IMPACT. Ann Minner, Director, Talking Book Program, has determined that for each of the first five years the proposed amendments and new rule are in effect, there are no reasonably foreseeable fiscal implications for the state or local governments as a result of enforcing or administering the new or amended rules, as proposed.

PUBLIC BENEFIT AND COSTS. Ms. Minner has determined that for each of the first five years the proposed amendments and new rule are in effect, the anticipated public benefit will be consistency and clarity in the rules governing participation in the Talking Book Program. There are no anticipated economic costs to persons required to comply with the proposed new rule or amendments.

LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no impact on local economy; therefore, no local employment impact statement under Government Code, §2001.022 is required.

COST INCREASE TO REGULATED PERSONS. The proposed amendments and new rule do not impose or increase a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the commission is not required to take any further action under Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT. In compliance with Texas Gov't Code §2001.0221, the commission provides the following government growth impact statement. For each year of the first five years the proposed amendments and new rule will be in effect, the commission has determined the following:

1. The proposed rules will not create or eliminate a government program;

2. Implementation of the proposed rules will not require the creation of new employee positions or the elimination of existing employee positions;

3. Implementation of the proposed rules will not require an increase or decrease in future legislative appropriations to the commission;

4. The proposed rules will not require an increase or decrease in fees paid to the commission;

5. The proposed rules will not create a new regulation;

6. The proposed rules will not expand, limit, or repeal an existing regulation;

7. The proposed rules will not increase the number of individuals subject to the proposed rules' applicability; and

8. The proposed rules will not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT. No private real property interests are affected by this proposal, and the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action. Therefore, the proposed amendments and new rule do not constitute a taking under Texas Gov't Code §2007.043.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendments and new rule may be submitted to Ann Minner, Director, Talking Book Program, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711, or via email at rules@tsl.texas.gov. To be considered, a written comment must be received no later than 30 days from the date of publication in the Texas Register.

STATUTORY AUTHORITY. The amendments and new rule are proposed under Government Code, §441.006, which directs the commission to govern the state library; and Government Code, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.

§9.1.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Active--means a borrower who has requested at least one book or magazine in the preceding 12-month period or signed on to the Braille and Audio Reading Download service at least once in a six-month period.

(2) Agency--means the Texas State Library and Archives Commission as an agency of the state of Texas, including the staff, collections, archives, operations, programs, and property of the Texas State Library and Archives Commission.

(3) Applicant agreement--means a statement signed by each new applicant which states the borrower agrees to abide by the policies and procedures of the program.

(4) Audit--means a periodic inventory of equipment and/or books, as required by the National Library Service.

(5) Books--means Braille, large print, and audio publications, both physical hardcopy and digital download.

(6) Borrower--means an eligible person or institution that has registered with the Talking Book Program, part of the National Library Service for the Blind and Print Disabled's library network.

(7) Certifying authority--means a registered nurse, therapist, professional staff member of a hospital, doctor of medicine, doctor of osteopathy, ophthalmologist, optometrist, psychologist, or an individual representing a public or welfare agency or institution, such as an educator, social worker, case worker, counselor, rehabilitation teacher, certified reading specialist, dyslexia specialist, school psychologist, superintendent, or librarian.

(8) Digital download service--means a service provided or funded by either the National Library Service or the agency in which borrowers may download via the Internet audio and/or text computer files containing the contents of books and magazines.

(9)Digital talking book--means an audio or electronic Braille book produced by digital processes. Audio books are available in physical format or may be accessed through a digital download service. Braille books are accessed by digital download. These books are produced either by, or under the direction of, the National Library Service or the agency.

(10) Digital talking book machine--means a hardware device produced by the National Library Service and assigned to the commission for loan to borrowers. These may also include commercially-produced machines purchased by the commission for the purpose of loan to borrowers by the commission.

(11) Equipment--means any playback machine, accessories, and parts thereof that enable a borrower to listen to books and magazines.

(12) Loan period--means the specific period of time that an item is loaned to a borrower. The loan period begins when the agency assigns the book to the borrower and ends with the date the item is due back to the agency.

(13) Magazines--means periodical publications in Braille, large print, or digital format.

(14) National Library Service--means the National Library Service for the Blind and Print Disabled, a division of the Library of Congress that operates a free national library service that produces audio and Braille materials and distributes them to a cooperating network of regional and subregional libraries, to be circulated by postage-free mail to blind and physically disabled borrowers.

(15) Program--means the Talking Book Program.

(16) Veteran--means any person who has been honorably discharged or honorably released from the U.S. Armed Forces, meaning the U.S. Army, the U.S. Navy, the U.S. Marine Corps, the U.S. Air Force, the U.S. Coast Guard, and all armed auxiliary services of these branches.

§9.2.Administration.

The program provides library services [~~A statewide program of library service~~] for Texas residents with visual, physical, or reading disabilities. [~~who are blind, reading disabled, or physically handicapped~~] The program is operated and administered by the agency as part of the [~~Texas State Library, Talking Book Program for the Blind and Physically Handicapped. The~~] National Library Service, a program administered by [~~for the Blind and Physically Handicapped provides the Texas State Library with books in digital audio and Braille formats under regulations established by~~] the Library of Congress. The National Library Service [~~also~~] provides the agency books in audio and braille formats and reading equipment [~~Texas State Library with playback equipment for reading materials in audio format~~]. Postage for mailing materials and equipment to and from borrowers [~~users~~] is paid by the U.S. Government under the [~~special~~] provisions of 39 U.S.C.A. §3403, Matter for blind and other handicapped persons. [~~for "free matter for the blind and other physically handicapped persons."~~]

§9.3.Eligibility.

(a) The following persons are eligible for the program [~~service~~]:

(1) persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter of visual field is no greater than 20 degrees;

(2) persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing reading of standard printed material;

(3) persons certified by competent authority as unable to read or unable to use standard printed materials as a result of physical limitations;

(4) persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner; and

(5) persons certified by competent authority as having an allergy or other chemically-based reaction of sufficient severity as to prevent their handling of printed materials in a normal manner.

(b) The following persons are not eligible for service:

(1) persons who are illiterate without having an eligible disability; and

(2) persons who cannot read because of an intellectual disability or an intellectual development disorder. [;]

~~[(3) persons who are unable to read because they have a reading disability resulting from a non-organic dysfunction; and]~~

~~[(4) persons who cannot read because of conditions of non-organic dysfunction.]~~

(1) continue to meet the requirements for eligibility in the program;

(2) are active borrowers; and

(3) maintain their accounts in good standing, meaning: [~~"good standing."~~]

(A) borrower does not have excessive overdue, lost, or damaged materials and/or machines;

(B) borrower has not had account suspended for failure to follow procedures and policies as part of the membership agreement or for failure to cooperate with the agency; and

(C) borrower has not had service suspended for misuse of the service, as specified in §9.11 of this title (relating to Misuse of Service).

§9.4.Application for Service.

(a) Each potential borrower [~~user of the service~~] must submit an application for service by mail, email, or facsimile. Individuals [~~Users~~] reactivating accounts after five years discontinuance must submit [~~file~~ ] a new application. The application may be either the specific application issued by the agency [~~commission~~] or the generic application issued by the National Library Service. Any application must include the following to be accepted and processed:

(1) Signature from a certifying authority; [competent authority, as defined in §9.1(5) of this title (relating to Definitions). Because the signature must be an actual signature, as specified by the guidelines of the National Library Service, Texas State Library staff cannot accept applications that are photocopied, emailed, or have a stamped signature. Scanned or faxed applications are accepted.]

(2) Signed copy of the applicant agreement; and

(3) Alternative contact person, and if applicable, any person authorized to access and make decisions on the borrower's account. [~~user's account; and~~]

~~[(4) In the case of an applicant claiming to be a veteran, documentation that confirms the person as an honorably discharged or honorably released veteran of the U.S. Armed Forces.]~~

(b) Incomplete applications or applications submitted by applicants who [~~that~~] do not meet eligibility requirements will be returned to the applicants.

§9.5.Priority for [~~Service to~~] Veterans.

[~~(a)~~ ] As required by the National Library Service, veterans using the service are to be given priority whenever they request services. Veteran borrowers are subject to the same requirements as other borrowers[~~, namely they must meet eligibility requirements, must keep their accounts in good standing, must not misuse the service, etc]~~.

[(b) Veteran borrowers are required to provide documentation to confirm that they are honorably discharged or honorably released from the U.S. Armed Forces. Veteran designation will be removed from a user's account if Texas State Library staff determines that the designation was inappropriately placed on the account.]

§9.6.Status of Users.

Borrowers must [~~Registered borrowers of the Texas State Library, Talking Book Program for the Blind and Physically Handicapped should~~] notify the agency [~~library~~] if any of the following circumstances occur [~~affecting the borrowers' accounts~~]:

(1) the borrower moves to a different address, acquires a different telephone number, or changes email address;

(2) the borrower desires to cancel service permanently or to place service on temporary hold for vacation, illness, or other reasons;

(3) the borrower moves temporarily or permanently to a location outside the State of Texas;

(4) the borrower desires to add a contact person or remove a contact person;

(5) the borrower wishes to designate a person to have access to the account and to act for the borrower;

(6) the borrower wishes to block a person from having access to the account or to request that that person no longer act for the borrower; or [~~and~~]

(7) the borrower ceases to be eligible for service.

§9.7.Playback Equipment.

(a) The playback machine is a digital talking book machine. Equipment may be distributed by the National Library Service to the agency [~~commission~~] for loan to borrowers, purchased by borrowers, or purchased by the agency [~~commission~~ ] for loan to borrowers. All loaned equipment is subject to be returned to the agency [~~commission~~] by borrowers when requested to do so. Damage or loss of equipment may cause a borrower's account to not be in good standing.

(1) Loan period. Playback equipment may be loaned to any borrower [~~active user~~] who continues to meet eligibility requirements for service and who maintains an account in good standing. Equipment and accessories are loaned free of charge. A borrower [~~An active user~~] may keep playback equipment for as long as the borrower [~~user~~] remains in the program and maintains active [~~"active"~~] status.

(2) Replacement of equipment. An active borrower [~~user~~] may request replacement of equipment if experiencing difficulty in using equipment or equipment does not operate properly. A borrower [~~User~~] may be required to return current equipment before replacement equipment is sent to borrower [~~user~~].

(3) Number of loaned equipment allowed. An active individual borrower [~~user~~] may not have more than one of each type of playback equipment on loan at any given time. An active institutional borrower [~~user~~] may have more than one of each type of playback equipment on loan at any given time if the institution serves a number of active individual borrowers [~~users~~] and machines are available for loan.

(4) Ownership of equipment and accessories. Some playback [~~Playback~~] equipment, amplifiers, headphones, and remote controls distributed by the agency [~~Texas State Library~~] or the National Library Service are the property of the federal government. Any equipment purchased by the agency [~~commission~~] for loan to borrowers [~~active users~~] is the property of the agency [~~commission~~].

(5) Repair of playback equipment. Only the agency [~~Texas State Library~~] is authorized to make repairs to playback equipment on loan to Texas borrowers, or to make the determination that a machine is damaged beyond repair. A machine that needs repair must be returned to the agency [~~Texas State Library~~], which will provide a replacement machine. Under no circumstances should a borrower or any other person attempt to repair the playback equipment or accessories.

(6) Accessories for use with the digital talking book machine may be requested through the agency [~~Texas State Library~~].

(7) Non-transferal of equipment. Borrowers must not lend, sell, or otherwise transfer playback equipment to other persons.

(8) Return of equipment. Playback equipment and accessories must be returned to the agency [~~Texas State Library~~] if the borrower ceases to actively use the service or no longer meets eligibility requirements for the service.

(9) Lost and damaged machines. A borrower is responsible for the good upkeep of any equipment loaned to that borrower. A borrower who repeatedly damages or loses equipment will not receive an automatic replacement, and a moratorium on future loans may be placed on the borrower's account. Borrowers may also face suspension of services in cases of flagrant abuse of equipment.

(10) Misuse of equipment. Borrowers who cause damage to equipment through negligence, intentional act, or failure to exercise reasonable care to safeguard or maintain the equipment or who use the equipment in an unauthorized manner may have their service suspended temporarily or permanently, depending on the severity or frequency of the damage or unauthorized use [~~misuse equipment in a damaging or illegal manner will face suspension of service and may face a moratorium on future loans of equipment~~].

(11) Recall of equipment. Equipment may be recalled for the following reasons:

(A) periodic maintenance, either scheduled or unscheduled;

(B) as part of a recall issued by the National Library Service;

(D) for non-cooperation on the part of the borrower with staff who are implementing and/or enforcing program policies and procedures;

(E) for a borrower's failure to adhere to the patron loan policy, the program's policies and procedures, and/or for abusive, destructive, or threatening behavior toward staff and property of National Library Service and of the agency [~~commission~~];

(F) when a borrower no longer meets eligibility requirements for service, ceases to be an active borrower [~~user~~], or is deceased; and

(G) for any other reason or occasion, as determined by staff in accordance with policies and procedures of the program and/or guidelines provided by the National Library Service.

(b) If a borrower's machine is recalled, a replacement machine will be issued, dependent on the reason for the recall and the availability of a replacement machine. In the case of a general or wide-ranging recall, staff will notify borrowers affected by the recall in as reasonable a timeframe as possible. A borrower who does not cooperate with staff in the recall of equipment may have the loan of that equipment revoked for a period of time in accordance with the program's policies and procedures. A moratorium on future loans of equipment also may be placed on the borrower's account.

(c) Required audits of equipment. A borrower must cooperate with the agency [~~commission~~] in the auditing of any loaned equipment. Staff may conduct periodic, limited audits, in accordance with guidelines provided by the National Library Service, in which a set number of machines selected for audit must be located and reported as being in the assigned location. Staff may also conduct a regular audit of all equipment, in which all equipment must be located and accounted for. A borrower who does not cooperate with staff conducting an audit may have the loan of all equipment revoked and a moratorium on future loans of equipment placed on the account.

§9.8.Books and Magazines.

(a) Loan period. The loan period for books is 45 days [~~for individuals and other institutions~~]. The loan period for magazines is 21 days [~~for individuals, schools, and other institutions~~]. No fines for overdue books or magazines will be levied, although excessive overdues may result in suspension of service until overdue situation is resolved. [~~A borrower with excessive overdues does not have an account in good standing.~~]

(b) Ownership. Books and magazines in all formats are the property of state and/or federal government. Books or magazines identified as "TSL" are the property of the agency [~~Texas State Library~~]. Magazines distributed by the National Library Service are the property of the National Library Service [~~NLS~~].

(c) Non-transferal of materials. Borrowers must not lend, sell, or otherwise transfer library books or magazines to other persons.

(d) Return of books and magazines. Except for disposable Braille and large print materials, all books and magazines must be returned to the agency [~~Texas State Library~~] at the end of their loan period. National Library Service [~~NLS~~] distributed magazines must be returned to the location listed on the mailing card or the label on the mailing container. If the borrower becomes ineligible or cancels service, all books and magazines must be returned to the agency [~~Texas State Library~~] regardless of whether the loan period has ended.

[(e) Lost and damaged materials. Excessive numbers of lost and/or damaged books may result in suspension of service until the situation is resolved. Any borrower with an excessive number of lost and/or damaged books and magazines does not have an account in good standing.]

§9.9.Availability of Materials.

(a) All materials that are available for distribution to borrowers are distributed either by specific request of the borrower or through an automated selection process based on an array of variables chosen by the borrower. The agency monitors [~~Texas State Library staff monitor~~] borrowers' requests and attempts [~~attempt~~] to keep items in stock that [~~which~~] borrowers are likely to demand. Availability of items such as books and magazines are subject to the following circumstances:

(1) popular demand for a particular item;

(2) whether an item has been damaged and removed from the collection;

(3) ability of staff to acquire and/or replace an item; or,

(4) whether an item has been lost.

(b) From time to time, shortages of books, equipment, and other items for distribution to borrowers [~~users~~] may occur. In the event of a shortage that will be widespread or has the potential to be of some duration, the agency [~~Texas State Library staff~~] will institute a special process of distribution to ensure [~~insure~~] that items are made available to borrowers [~~users~~] in an efficient and equitable manner. The type of process used will be determined by the specific type of shortage and in consultation with staff of the National Library Service.

§9.11.Misuse of Service.

The following actions may result in suspension of borrowing privileges:

(1) repeated requests for replacement of equipment that has been damaged through negligence, maliciousness, or unauthorized repair;

(2) excessive numbers of overdue books or magazines;

(3) repeated loss or damage of books or magazines;

(4) abusive, obscene, harassing, or threatening behavior to the agency [~~Texas State Library staff~~] and/or staff of the National Library Service;

(5) providing access to/making available books or playback equipment to unauthorized persons;

(6) violations of the Patron Loan Policy and/or other policies described in this chapter;

(7) refusal to cooperate with the agency [~~Texas State Library staff~~] carrying out policies and procedures of the program;

(8) not keeping borrower's account in good standing, as described in §9.3(c)(3) of this chapter (relating to Eligibility). [~~"good standing."~~]

§9.12.Notification of Potential Suspension.

If a borrower is engaging in any activity described in §9.11 of this chapter (relating to Misuse of Service) [~~misusing the service~~], the agency [~~Texas State Library staff~~] will contact the borrower and attempt to resolve the situation. In most cases, a warning letter will be sent stating that borrowing privileges will be suspended on a designated date [~~suspension will be applied~~] if the borrower does not cease the misuse of service.

§9.13.Correction of Problem.

If the borrower's response to a warning letter [~~potential suspension~~] resolves the apparent problem or the borrower ceases the misuse of service by the designated date, and the borrower agrees to abide by agency [~~Texas State Library~~] policies in the future, no further action will take place at that time.

§9.14.Suspension of Service.

(a) The agency may suspend a borrower's service if [~~Suspension of service may come about under one of three conditions~~]:

(1) [a] borrower requests suspension of service because of illness, temporary relocation, or other personal reasons;

(2) [~~service is automatically suspended when a~~] borrower has not been active for a year;

(3) staff of the National Library Service request suspension of the account;

(4) the agency determines the borrower misused the service, as described in §9.11 of this chapter (relating to Misuse of Service); or

(5) [~~(3)~~] the agency identifies a problem with the account and the agency needs additional information from the borrower. [~~service is suspended by Texas State Library staff for cause. "For cause" may include the following:~~

~~[(A) misuse of service, as defined in §9.11 of this chapter (relating to Misuse of Service);]~~

~~[(B) Texas State Library staff detect a problem with the account and need further information from the borrower;]~~

~~[(C) staff of the National Library Service request suspension of the account.]~~

(b) In the event of suspension under subsection (a)(3) and (a)(5) [~~(a)(3)(B) and (C)~~] of this section, the agency [~~Texas State Library staff~~] will take the following actions:

(1) attempt to contact the borrower and resolve the situation so that service may be restored;

(2) determine an appropriate period of suspension[,] if the situation warrants an extended suspension.

(c) Suspension for cause generally will not exceed six months. In some instances, a longer suspension may be imposed after consultation with staff of the National Library Service. In the case of minor problems with the account, such as outdated or incorrect contact information, suspension is in effect until the problem is corrected or resolved.

(d) Any suspension may be extended if the cause has not been resolved as of the end of the previous suspension.

(e) Suspension of service may be limited only to the portion of service being misused. For example, if the misuse relates to Braille books, then Braille service would be suspended, but circulation of other formats would continue. The scope of the suspension will be determined by the extent of the cause and at the discretion of the agency [~~Texas State Library staff~~].

§9.15.Reinstatement of Service.

(a) If a borrower has voluntarily suspended service, then the borrower may contact the agency [~~Texas State Library staff~~] at any time to reinstate service. Service will be reinstated if less than five years have elapsed since service was suspended, the borrower still meets eligibility requirements, and the account is otherwise in good standing, as described in §9.3(c)(3) of this chapter (relating to Eligibility).

(b) If service was automatically suspended because the borrower had not been [an] active [~~user~~] for one [a] year, then the borrower may contact the agency [~~Texas State Library staff~~] at any time and request that service be reinstated. Service will be reinstated if less than five years have elapsed since service was suspended, the borrower still meets eligibility requirements, and the account is otherwise in good standing.

(c) If a borrower has been suspended for cause, service may be reinstated when the cause has been resolved or the suspension has expired, depending on the cause of suspension. In the case of a lengthy suspension, the patron will receive instructions, as part of the suspension notification, as to how to reinstate service. The borrower must continue to meet eligibility requirements and the account must otherwise be in good standing.

§9.16.Termination of Service.

(a) Service to eligible borrowers will not be permanently cancelled, although suspensions may be applied repeatedly. An account will be closed only under the following circumstances:

(1) a borrower ceases to meet eligibility requirements;

(2) a borrower requests that service be terminated; or,

(3) a borrower ceases to be [an] active [~~user~~].

(b) A borrower's application and account information will remain on file for five years after the account has been closed, and the account may be reactivated at any time within the five years. After five years, the application and account information will be disposed of in accordance with the agency's approved [~~applicable~~ ] records retention schedule. If a borrower wishes to reinstate service after five years, the borrower must file a new application as required by §9.4 of this chapter (relating to Application for Service).

§9.17.Transfer of Service.

A borrower who has lived or will live outside the State of Texas for six months or longer will no longer be eligible to receive service through the agency [~~Texas State Library,~~] and must return all books and magazines [~~to the Texas State Library~~]. At the borrower's request, the agency [~~Texas State Library~~] will make arrangements to have service transferred to the new state of residence.

§9.18.Reactivation of Accounts.

(a) Any account that has been suspended may be reactivated[~~. Any account closed~~] within a five-year period if [~~may be reactivated. Reactivations occur under the following conditions~~]:

(1) The borrower [~~User~~] continues to meet eligibility requirements for service;

(2) The account [~~Account~~] will be in good standing upon reactivation; and

(3) The agency has received an application as required by §9.4 of this chapter (relating to Application for Service) [~~Signed applicant agreement has been received~~].

(b) An account that has been closed for more than five years cannot be reactivated; the individual [~~user~~] must file a new application.